In order to ensure the safety of the assets of both parties involved in the trademark transfer and the smooth progress of the transfer, a trademark transfer agreement is generally signed so that this trademark transfer has the effect of legal protection. For parties with the assistance of an attorney, this information is usually prepared by the attorney, but if it is a private transfer of trademark business, you need to prepare it yourself.

So what is a sample trademark transfer agreement?

The sample of the registered trademark transfer agreement is as follows:

Transferor:_______________

Transferee:_______________

Given that the assignor owns a Chinese trademark The Trademark No. ____________ registered by the Bureau for use on goods of the International Classification of Goods/Services, Class ___________, and the copyright of the design of the trademark (hereinafter referred to as the right), in view of the transferee’s wish to transfer the rights , the transferor and the transferee signed a trademark transfer agreement as follows:

1. The transferor agrees to transfer all rights to the transferee.

2. The transfer fee and copyright amount are ________, of which the trademark right transfer fee is ________.

3. The transferor guarantees that the right is free from any defects, including that it has not been licensed to others to use or used as a mortgage.

4. The assignor guarantees that the assignor does not have any rights that are identical or similar to the rights in the International Classification of Class __________ and other categories of goods similar to the goods in Class ____________ The trademark is registered or an application is made for registration.

5. The transferor guarantees that after this contract comes into effect, it will not seek any rights and interests in any way over this right or similar trademarks, including ownership, use rights, income rights, and disposal rights. and all rights set forth above will be exercised by the assignee.

6. When signing this contract, the transferor shall also sign an application for the transfer of the registered trademark of the exclusive right to use the trademark, and at the same time hand over the original copy of the trademark registration certificate to the transferee or the transferee's agent. people.

7. The transferee shall sign the trademark transfer application form when signing this contract and handle the trademark transfer in accordance with legal procedures.

8. Payment method: When the transferor signs this contract and the trademark transfer application, the transferee shall pay the transfer fee to the transferor.

9. After the signing of this contract, the copyright in this right will be fully owned by the assignee, and the exclusive right to use the trademark in this right will be fully owned by the assignee; after the Trademark Office approves the transfer of the trademark After that, the assignor will lose all rights related to the trademark and promise to stop using the trademark, and may not directly or indirectly file a cancellation application for the trademark.

10. After the National Trademark Office approves the transfer of the trademark, the transferee will enjoy all rights related to the trademark.

11. If the trademark transfer application is rejected by the Trademark Office, the transferor shall refund all trademark transfer fees paid.

12. Both the transferor and the transferee promise to abide by all the terms of this contract. Even if the Trademark Office does not approve the transfer of the trademark, it will not affect the performance of this contract.

13. If factors such as severe natural disasters or social unrest affect the timely performance of this contract, both parties shall perform the contract within thirty days after the above factors are eliminated.

14. Both the transferor and the transferee promise to comply with all the terms of this contract. If the transferor fails to comply with the provisions of this contract, the transferor shall pay liquidated damages to the transferee. If the transferee fails to comply with the provisions of this contract, the transferee shall pay liquidated damages to the transferor, and the liquidated damages shall be 20% of the total transfer fee. This contract shall still be performed after payment of liquidated damages.

15. The transferee pays ________ deposit in advance, and the balance ________ must be paid before _________ month________.

Why do we need to sign a trademark transfer agreement?

There are many ways to transfer trademarks, including paid transfer, free transfer and inheritance. Transfers for a fee will involve significant capital flows. In addition, the trademark itself is also a high-value intellectual property.

During the transfer process, deception and regret may occur, and signing a trademark transfer agreement can make the transfer legally effective and protect the interests of both parties. Generally speaking, in a trademark transfer contract, there will be good explanations and instructions on the matters that both parties should comply with during the transfer, as well as the matters that should be observed after the transfer, the transfer method and the trademark situation. In order to ensure the efficiency of trademark transfer, we recommend that you choose Bajie Intellectual Property trademark transfer agency to ensure the smooth progress of trademark transfer.

Related reading click: International Trademarks